Madras High CourtWP(MD)/7608/2024allowed

Poosari Meiyan v. The District Collector

2024-03-25Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and WMP(MD)Nos.6961, 6962, & 6964 of 2024 1.Poosari Meiyan 2.Ganesan 3.Kodumbathevan ... Petitioners Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Singampunari Taluk, Sivagangai District.

3.Ayyakalai 4.Rajamanickam ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the second respondent dated 23.03.2024 in Na.Ka.No.A1/1165/2024 and quash the same and consequently forbear the second respondent, his men or anyone from interfering into the celebration of the Panguni Uthiram festival by the petitioners at Arulmigu Sri Villiyar Temple, Puzhuthipatti Village, Sivagangai District on 25.03.2024 with light and sound.

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For Petitioner : Mr.K.Navaneetharaja For Respondents : Mr.T.Vilavankothai, Additional Government Pleader for R1 and R2 Mr.A.N.Ramanathan for R3 & R4

ORDER

Heard both sides.

2.By the impugned order, the Tahsildar, Singampunari had refused permission for conducting Panguni Uthiram festival. I fail to understand as to how the Tahilsdar will have jurisdiction in the matter. Admittedly, he has not exercised any right in his capacity as Executive Magistrate. No provision of Cr.Pc has been invoked. The order impugned in this writ petition is patently without jurisdiction. The impugned order dated 23.03.2024 is set aside. I make it clear that I have not recognised any right of the petitioners. I have not rendered any finding against the private respondents.

3.This writ petition is allowed to this limited extent. No costs. Connected miscellaneous petitions are closed. 25.03.2024 skm Note : Issue order today 2/4

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Singampunari Taluk, Sivagangai District.

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G.R.SWAMINATHAN, J.

SKM and WMP(MD)Nos.6961, 6962, & 6964 of 2024 25.03.2024 4/4